The RS Shop Pty Ltd - ACN 145 893 992 trading as The RS Shop

Disclaimer
 

Online Purchase Terms and Conditions

By purchasing a product through the RS Shop website or in store you are agreeing to the following:

 

1. Acceptance of Terms

This site ("site") is owned and operated by The RS Shop Pty Ltd ACN 145 893 992 trading as The RS Shop ("we", "us"). These terms and conditions apply to your use of this site. In particular, by making any purchase on this site, you ("you") agree to the following terms and our privacy policy.

 

2. Product Information

 

2.1 Accuracy

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We endeavour to ensure that Product descriptions and specifications on the Site are accurate. However, Product descriptions and specifications on the site are based on information provided by manufacturers and suppliers, and we do not guarantee that the Site is accurate or free from errors or omissions. We reserve the right to make any necessary corrections.

 

2.2 Availability

 

(a) Products are generally noted on the Site as being available, having limited availability or being out of stock. Products which are out of stock can be added to your wish list, or you can ask us to notify you when the Product becomes available.

 

(b) While Product availability information is updated at frequent intervals, we sell some high volumes of stock and cannot guarantee availability. If your Order contains a Product that is not available for immediate dispatch, we will contact you to advise you and give you the option of:

(i) cancelling your Order, or deleting that Product from the Order, in which case we will refund you for the price you paid for the cancelled Product/s, and refund or adjust for any difference in delivery charges (if applicable); or

(ii) placing that Product on back order (if available), in which case we will dispatch the Product to you when it becomes available (generally within 10 business days, however if on order from overseas, this may take up to 20 business days).You must pay in full for the Product before we will place it on back order. We may however elect to cancel the back order for a Product if the Product becomes unavailable permanently or for an extended period, in which case we will refund you for the price and any delivery charges you paid for the Product, and any refunds will be issued within 5 business days, using the same method as your original payment.

 

2.3 Images

 

We display images of Products on the Site, some of which have been provided by manufacturers or suppliers. These images are for illustrative purposes only and do not form part of the description of the Product. The images are not of the actual unit or Product that will be dispatched to you. There may be minor differences in packaging on some Products. Please be aware that colours appear differently on different monitors.

 

2.4 Pricing

 

(a) You acknowledge that despite our reasonable precautions, Product/s may be listed at an incorrect price, or with incorrect availability or other information, due to typographical errors or oversight. In such circumstances, we reserve the right to cancel your Order, even if your Order has been paid for and previously accepted by us. We will contact you as soon as possible and immediately issue a full refund for any payment you have made for the cancelled Order. We reserve this right up until we deliver the Product. Refunds will be issued within 5 business days, using the same method as your original payment.

 

(b) We may run discount offers or sales from time to time, but no additional discounts apply to any Products which are listed as 'Clearance Items'.

(c) Prices listed on our website are in Australian Dollars (A$) and include GST. If you are purchasing from outside Australia, please contact us sales@rsshop.com.au to enable us to remove the GST and apply the applicable international freight charges.

 

2.5 Please check before fitting a part

 

(a) We strongly recommend that vehicle parts be fitted by suitably qualified persons. Some Products are shipped without fitment instructions as they are intended for fitment by qualified persons.

 

(b) Laws and regulations differ in various jurisdictions, and we do not warrant that any Product is legal for use in your jurisdiction, or safe for use with your vehicle. You are responsible for ensuring that your use of the Product is appropriate and compatible with your vehicle or other equipment, and complies with all applicable laws and regulations in your jurisdiction.

 

2.6 What fits my vehicle?

 

(a) The Site offers a variety of products for various models of small Fords. Products are categorised by the make and model of the vehicle. We have relied on manufacturer supplied specifications and do not independently verify compatibility of all products.

To ensure best results, we strongly recommend that you:

(i) Know your make and model details and ensure you are purchasing your product from the correct vehicle category;

(ii) Check each Product upon receipt to confirm you have the correct Product for your vehicle and contact us if you have any queries; and

(iii) Double check compatibility and all relevant measurements before beginning any mechanical work involving the Product (including preparing or dismantling any part of the vehicle).

(b) If you find you have purchased the wrong Product for your vehicle, please contact us as soon as possible and we will try to identify and source the correct part for you.

(c) We will accept returns of Products within 30 days of purchase, but only if they are returned with all components complete, undamaged and in resalable condition, with proof of purchase, subject to clauses 2.6(d), 2.6(e), 2.6(f) and 7. If you return a Product under this clause, we will (after verifying that the returned Product meets return requirements):

(i) Replace the original Product with the correct Product for your vehicle (if available), and adjust for any price difference; or

 (ii) Give you a full refund if no replacement Product is available, or if you opt for a refund. Refunds will be issued within 5 business days, using the same method as your original payment. However, please note that you may be required to pay an additional amount if the replacement Product is more expensive than the original Product.

(d) If you attempt to return a Product under clause 2.6(c) that is not returned with all components complete, undamaged, in resalable condition and with proof of purchase, you will not be entitled to a refund or replacement. We may refuse to accept the return, and make it available for pickup, or require that you pay for freight costs before we ship the Product back to you. We reserve the right to dispose of the item if you have not either picked up the item or paid for freight costs within 15 business days.

(e) If you purchased a new product that was faulty, then we will cover all freight costs for the return of the original Product and shipping of the replacement Product if applicable under clause 2.6(c)(i). This is our Guarantee.

(f) If you purchased a ‘used’ product, you acknowledge that the product is not covered by a new products warranty and cannot be returned.

(g) For all returns, if clause 2.6(d) does not apply, you will be liable for all freight costs and a restocking and handling fee of 5% of the original purchase price.

(h) Other than as set out in this clause, we are not liable for any costs incurred as a result of Product incompatibility, including mechanic's fees, cost of additional parts or supplies, or repairs or damage to any vehicle.

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3. Your Rights and Obligations

(a) You agree to:

(i) comply with this agreement; and

(ii) comply with our privacy policy and any other user policy we publish on the Site from time to time; and

(iii) use the Site in good faith.

(b) You warrant that the information you have supplied to us is correct and current, and that you are over 18 years of age.

(c) You must complete payment online at the time of ordering.

(d) You must not scrape information from the Site for commercial purposes without our written consent.

 

4. Orders

 

5.1 Placing an order

(a) The display of any items or promotions on the Site is an advertisement or offer of sale. By placing an order (order), you are making an offer to buy subject to this agreement.

 (b) Your order is accepted by us when we process your payment, which results in a binding contract between you and us. You will receive e-mails confirming that each Product in your Order has been paid for and dispatched (Confirmation of Payment and Dispatch).

 

4.2 Delivery standards

(a) All Products are dispatched from our Store/Warehouse located in Albury NSW, and sent via various carriers or Australia Post.

(b) Orders being delivered to countries other than Australia may be subject to customs regulations or additional taxes such as import duty. We strongly recommend you check local laws carefully before ordering as you may be liable for additional costs or delays.

(c) We will endeavour to dispatch all Orders within one business day where possible, once we have confirmed receipt of payment. However, all dispatch times and delivery times are estimates only. We are not liable for late delivery or mis-delivery caused by factors outside our control.

(d) Items may be delivered to you in more than one shipment where they are fulfilled from different locations or directly from our suppliers.

(e) You may grant us or the courier an 'authority to leave' when placing your Order. If you do, you agree that this authority to leave gives the couriers we use permission to leave the Products unattended at the delivery address without obtaining a signature confirming delivery. Delivery is then deemed to be completed, and the Products are at your sole risk. Please note that despite having an authority to leave, our courier may at its discretion decide that it is not safe or appropriate to leave the Products unattended.

​(f) We may not be able to deliver to some locations, and some Products are limited in delivery locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.

(g) We will not process your Order where:

(i) You have supplied invalid payment or delivery details; or

(ii) Payment is delayed or rejected.

 (h) If you supply incorrect payment or delivery details, we:

 (i) Reserve the right to change or alter an address to the closest matching address on AusPost or Postal databases; or

 (ii) May take reasonable steps to contact you using the personal details you have provided.

 However, we will not be held responsible for not fulfilling your Order, nor for being unable to advise you that this is the case.

(i) If a Product is returned to us marked 'Return to Sender' because you have supplied us with an incorrect address, or you have failed to collect the Product in a timely manner after being provided with a delivery slip, then:

(i) we will contact you to arrange for redelivery; and

(ii) we may require payment of applicable freight costs before attempting redelivery.

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4.3 Loss or damage in transit

(a) You should check the Product carefully for damage before signing the delivery docket. Once you have accepted delivery of the Product as being undamaged, you may not be able to make a claim for loss or damage in transit.

(b) To make a claim for loss or damage in transit you must email us at sales@rsshop.com.au as soon as you become aware that the Product may have been damaged or lost in transit. You will be asked to provide evidence of the damage (e.g. photos). We will ask our courier to investigate any lost items, and their records are prima-facie evidence of delivery status.

(c) You authorise us to complete any forms or take any action necessary for lodging a claim with the relevant courier or insurance company to make a claim for compensation for loss or damage in transit.  

(d) Once we have verified that the Product has been lost or damaged in transit, we may at our sole discretion:

(i) send you a replacement Product, at our cost; or  

(ii) refund you for the price you paid for the Product, plus freight costs. Refunds will be issued within 5 business days, using the same method as your original payment.

(e) You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments. We will not accept any claim for loss or damage in transit where the Product has been damaged by your own actions in opening the Product.

 

4.4 Cancelling an order

​(a) To cancel an order you must call us immediately on +61 2 6023 5577. We cannot cancel orders once the Product has been dispatched. Please note that while we monitor emails, we cannot always attend immediately to emails, therefore it is necessary for you to phone us.

(b) If you cancel an Order under this clause, we will issue a full refund of any payment you made for the Order, using the same method as your original payment, within 5 business days.

 

5. Payment

(a) Unless otherwise noted, the prices stated on the Site are in Australian dollars and are inclusive of GST (where payable). Delivery charges are separately calculated and will be displayed prior to payment being required.

(b) If you are an international customer, you must pay all and any quarantine expenses, import duties, levies or import, sales, transaction, use, excise, gross receipts, value added, property or other taxes, fines or duties of any kind applicable to the Product. These charges may be separately levied on you by the applicable authority.

(c) You are solely liable for any additional costs or penalties incurred as a result of late payment, or storage, abandonment, disposal or other fees, fines or expenses incurred as result of your delay in picking up a Product from a depot or delivery centre after receiving a delivery slip.

(d) We will not consider any order accepted, and will not dispatch any Product, without receiving payment in full.

(e) You undertake and warrant that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.

(f) If your payment is dishonoured or reversed for any reason, you must immediately make the payment again. We reserve the right to delay processing your order or delivering the Product until we receive full payment.

If your payment is dishonoured or reversed for any reason after the Product has been delivered, then without prejudice to any other right or remedy, we may recover the price of the Product together with any other expenses we have incurred, from you as a liquidated debt in a court of tribunal of competent jurisdiction irrespective of any claim that you may have against us for any matter related to the Product.

 

6. Returns, Exchange and Refund Policy

 

6.1 Returns

You can contact us to return any Product within 30 days of purchase, subject to clause 2.6(c).

 

6.2 Faulty Products

(a) You can return a Product to us if it's faulty, incorrectly described, not of acceptable quality or unsafe.

(b) If you return an item to us due to anything under clause 6.1, we may choose between an exchange, repair or refund.

(c) To request an exchange, repair or refund, please call us on +61 2 6023 5577 or email us at sales@rsshop.com.au. We reserve our right to refuse your request if:

(i) The Product has been thrown away, destroyed, lost, or damaged through no fault of ours;

(ii) The Product has been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions;

(iii) The Product has been involved in any accident or damage caused by an incorrect attempt at modification or repair;

(iv)The Product has been dealt with or used contrary to our or the manufacturer's recommendations/instructions for the Product;

(v) The Product has deteriorated through normal wear and tear; or

(vi) Too much time has passed, where time runs from the date of supply until the fault or problem would reasonably be expected to appear.

(d) Refunds will be issued within 5 business days, using the same method as your original payment.

 

7. Intellectual Property Rights

The material on the Site is protected under Australian and international copyright and other laws governing protection of Intellectual Property rights. Intellectual Property rights in images, trademarks and other content on the Site are owned by their respective owners. You must not deal with the material on the Site in any way which infringes on the content owner’s Intellectual Property rights without separate written permission from the content owner.

 

8. Limitation of Liability and Indemnity

 

8.1 Warranties

(a) We warrant that the Products are fit for their usual purpose, are merchantable and meet the manufacturer’s description. All other conditions, warranties and representations, with the exceptions of those which are non-excludable in law, are excluded.

(b) When purchasing a ‘used’ part or product, you warrant that you have exercised your own judgement as to the suitability of the Product for your purposes and acknowledge that the product is not covered by a new part/product warranty.

(c) You warrant that you have exercised your own judgement as to the suitability of the Product for your purposes.

 

8.2 Responsibility for Own Actions

You agree to release and hold harmless, indemnify and defend us and our Indemnified Officers against any Claim or Liability from or in relation to:

(a) your own negligence or malpractice, or reckless or intentional misconduct, and

(b) your own failure to perform your obligations and responsibilities under this agreement.

(c) any modification or misuse of any Product by you or anyone acting on your behalf;

(d) any acts or omissions of anyone whom you allowed to access the Site using your login id and password, whether deliberately or otherwise;  

(e) your breach of your warranties or obligations under this agreement; or

(f) any reasonable legal expenses we incur as a result of your breach of this agreement, including expenses for enforcing payment, on a solicitor and own-client basis.

 

8.3 Limitation of Liability

(a) In performing any obligation under this agreement, our duty is to exercise reasonable care and skill.

(b) To the fullest extent allowable at law:

(i) we only accept liability to you  as required by consumer or other laws which cannot be excluded by contract;

(ii) the information, services and material contained on this Site are provided on an "as is" basis. We disclaim all representations and warranties, express or implied (other than those set out in these Terms of Use), with respect to such information, services and materials, whether provided by us, third party contractors or other users;

(iii) our liability, and liability of our Indemnified Officers under this agreement is limited to (at our election):

(A) replacing the Product with the same or equivalent Product; or

(B) repairing the Product; or

(C) a refund of the amount you paid us for the Product.

(iv) we are not liable for any loss or damage, whether direct or indirect, arising from faulty design or manufacture of the Product, other than for Products we have manufactured;

(v) we are not liable for Consequential Loss in relation to any Product, however arising;

(vi) we hold the title in the Product and will bear the risk of any damage to or theft or loss of Product during transport to the delivery address. Title and risk in the Product passes to you on delivery. We are not liable for any loss, theft or damage to the Product after delivery;

(vii) we will not be liable if you have failed to follow instructions for use of the Product, modified the Product or used the Product for an unintended purpose;

(viii) we are not liable to you for errors in the information you provide to us; and

(ix) we are not liable for default or failure in performance of our obligations under this agreement resulting directly or indirectly from the actions of suppliers, couriers or any other circumstances caused by factors beyond our reasonable control, whether or not caused through any act or inaction by us, our employees, agents or independent contractors, or through any other cause.

(x) despite any other provision to the contrary, you agree that our total liability and the total liability of our Indemnified Officers in connection with this agreement whether under contract or tort, will not in any circumstances exceed a sum equal to the greater of:

(A) $100; or

(B) The price of the Product in dispute.

(c) The limitation of liability in relation both to any Liability expressly provided for under this agreement and to any Liability arising by reason of the invalidity or unenforceability of any term of this agreement.

 

9. General

 

9.1 Enduring clauses

The parties' rights and obligations under clauses 2.5, 7, 8, 9 and 10.2 will survive the termination of this agreement for whatever reason.

 

9.2 Jurisdiction

The laws of New South Wales, Australia apply to this agreement and the parties submit exclusively to the courts of that jurisdiction.

 

9.3 Severability

If any provision of this agreement is ruled by a court to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision or part provision of this agreement.

 

9.4 Waiver

Any delay or failure to enforce any rights in relation to a breach by the other party will not be construed as a waiver of those rights.

 

9.5 Entire Agreement

This agreement and your order contain the entire agreement between the parties and supersedes all previous negotiations or agreements in relation to the subject matter of this agreement.

 

10. Definitions and Interpretation

 

10.1 Definitions

In this agreement:

(a) Australian Consumer Law means Schedule 2 of Competition and Consumer Act 2010 (Cth).

(b) Business Day means a day (other than a Saturday or Sunday) upon which banks are ordinarily open for business in NSW, Australia.

(c) Claim means any claim notice, demand, investigation, action, proceeding, litigation, or judgment however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort (including negligence) or statute and whether involving a party to this agreement or third party.

(d) Consequential Loss includes, without limitation:

(i) loss of data or unauthorised disclosure of data;

(ii) loss of opportunity, loss of anticipated profits or savings, expenses incurred through default or breach, wasted overheads, loss of contract, loss of bargain, loss of business, loss of production, loss of use, loss of goodwill, loss of revenue, and all other pure economic loss; and  

(iii) disappointment, distress, stress, and inconvenience.

(e) Indemnified Officers means, in relation to a party, its directors, employees, contractors, agents and representatives.

(f) Intellectual Property means all intellectual property rights, including copyright, inventions, patents (including patent applications), trade marks (whether registered or not), designs (whether registrable or not), eligible circuit layout rights, domain name licences, and includes the right to register any intellectual property rights.

(g) Liability means any liability (whether actual or prospective), loss, damage, cost or expense of any description, including legal fees on a solicitor and own client basis.

(h) Product means an item available for purchase on the Site.

(i) Site means the website which may be accessed at www. rsshop.com.au or any subdomain variation.

 

10.2 Interpretation

Nothing in this agreement shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010 (Cth)) and which by law cannot be excluded, restricted or modified.

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​Privacy Policy

This privacy policy sets out how we use and protect any information that you give us when you use this website.

We are committed to ensuring that your privacy is protected. When we ask you to provide certain information by which you can be identified when using this website, be assured it will only be used in accordance with this privacy policy.
 

We may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

What we collect

We may collect the following information:

• Your Name

• Your contact information including phone numbers, your physical address and your email address

• Other information relevant to your purchase

• We do not keep your payment information on file and you will be required to re-enter this information for future purchases.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

 

What we do with the information we gather

In addition to processing your order, we also maintain an order history of your purchases within our own database. This allows us to track your deliveries and review your past purchases should there be a product recall or other problem. We may also from time to time e-mail you with special offers.

Who else sees your information?

We may have to disclose some of your information to service suppliers to help us complete your order. These parties include TNT or other courier companies, Credit authorisation companies (depending on your method of payment) and address checking software. Your Consent by using our website is that you consent to us using personal information, that you have given to us and our trusted partners, as outlined in this Privacy Policy statement.

How we use cookies

Cookies are small amounts of data sent to your web browser by a web server. They cannot harm your machine in anyway, as they are small text files with simple information in them. You can see them as small text files inside your ‘Temporary Internet Files’ folder in Windows. Our cookies keep track of the items in your shopping basket and act as place markers when you move around the site.

Overall, cookies help us provide you with a better website. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website and online store.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

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We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information we think you may find interesting.

If you believe that any information we are holding on you is incorrect or incomplete, please email us as soon as possible at the above address. We will promptly correct any information found to be incorrect